Duncan v. Jeter
Supreme Court of Alabama
EfiKOR to the Chancery Court sitting for Russell county. This bill, which was filed by the plaintiff in error, charges, that in January, 1839, the complainant and one Swan, purchased of the defendant in error, a tract of land, at .the price of thirty-two hundred dollars, paying down at the time of purchase, one thousand dollars,- and executing their notes, one for one thousand dollars, payable on'the 25th December, 1839, and the other for twelve hundred dollars, payable on…
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EfiKOR to the Chancery Court sitting for Russell county. This bill, which was filed by the plaintiff in error, charges, that in January, 1839, the complainant and one Swan, purchased of the defendant in error, a tract of land, at .the price of thirty-two hundred dollars, paying down at the time of purchase, one thousand dollars,- and executing their notes, one for one thousand dollars, payable on'the 25th December, 1839, and the other for twelve hundred dollars, payable on the 25th December, 1840. That the defendant executed at the time to complainant and Swan, a bond, in the penalty of six…
1Opinion of the CourtOrmond, J.
The contract for the sale of the land by the defendant in this court, to the plaintiff, and another, is exceeding*606ly simple, and the respective obligations and rights growing out of it, so easy to be understood, that it is wonderful it should have been made the source of so much litigation.
By the contract of sale, a portion of the purchase money was paid down, and a credit of about one and two years given on the residue, the vendor executing a penal bond with condition, to make title to the land as soon as he received it from the U. States.
As the time when the vendor could be called on for…
2Cases cited1 opinion
- Clemens v. LogginsSupreme Court of Alabama · 1840
3Cited by10 opinions
- De Bairos v. BarlinCalifornia Court of Appeal · 1920
- Parks v. BrooksSupreme Court of Alabama · 1849
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Elliott v. BoazSupreme Court of Alabama · 1846
- Burkett v. MunfordSupreme Court of Alabama · 1881
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